[WSBARP] Tree Issue

[Kaitlyn Jackson]

I would also be sure to check local ordinances as some
cities/municipalities have put in place tree protection laws that require
additional steps be taken to protect the trees.

Kaitlyn

On Tue, Sep 17, 2019 at 4:07 PM Rich Holland <rich at pnwle.com> wrote:

> My memory is that she is free to cut the tree back to the property line.
> It only becomes a legal matter if by doing so the tree dies so an arborist
> report that says “no it will be fine” should work.
> ------------------------------
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> on behalf of Setareh Mahmoodi <
> mahmoodi.setareh at gmail.com>
> *Sent:* Tuesday, September 17, 2019 3:57 PM
> *To:* WSBA Real Property Listserv
> *Subject:* [WSBARP] Tree Issue
>
> Asking for a client who's having issues with a neighbor...
>
> Part of neighbor's tree and branches extend over her fence and on top of
> her deck. She has had an arborist come out to look at it and he
> acknowledges that there will be severe damages to the deck in case of a
> windstorm or tree falling etc. However, that his job is to do a risk
> assessment based on human life not property damages. His assessment of
> danger to human life is low since chances of a person standing on the deck
> at the exact time the tree or its branches could fall is low according to
> him. I thought the arborist's job was to determine whether or not the tree
> is dangerous and it sounds like this arborist is determining it is not by
> this analysis?
>
> She has asked the neighbor to cut down the tree or trim it and maintain it
> several times to no avail. Many years ago, her gardener was able to cut
> down the branches with the verbal permission of the neighbor, but the
> neighbor is no longer giving permission and the way the tree has grown and
> the portion over her property line does not physically allow for the
> gardener to cut it anymore without being on the neighbor's property.
>
> She doesn't want to take drastic measures and she doesn't want to litigate
> against the neighbor. Does she have any other options? She's considering a
> letter to the neighbor that gives notice of the issue in writing as well as
> the arborist's assessment and need for cutting the branches down.... She
> wants to then send this letter to her home insurance to have on file in
> case anything happens to the deck... (any specific RCWs or ordinances she
> can include in the letter to make it stronger?) I don't know if this will
> achieve what she is looking for and this is not something I handle so any
> ideas for cost effective and non-litigation solutions (she is retired and
> on fixed income) would be much appreciated.
>
> Thanks!
>
> --
>
> *Best regards, *
>
>
> *Setareh Mahmoodi *
>
> *Attorney at Law *
>
> *18222 104th Ave NE, Suite 103*
>
> *Bothell, WA 98011*
>
> *Phone: 425-806-1500*
>
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-- 
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com

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